May 14, 2018

Delhi High Court held that the POCSO couldn't have been imported into the offence committed prior to its enactment.

On 04.01.2013 two persons were convicted for committing the offence of rape in the beginning of the year 2012 by a trial court in Delhi. This has no extraordinary consequence. What was however important is that the trial court asserted that the consent of the girl, if any was immaterial even though she was above 16 years of age.

This was interesting. Section 375 of Indian Penal Code says that if girl is above 16 years & sexual intercourse was with her consent, offence of rape shall not be made out. The trial court however referred to the recently enacted POCSO Act where the consent age was increased to 18 years and held, on relying on certain judgments & commenting that the Act was beneficial protective legislation & therefore even Section 375 IPC was required to be interpreted in the light of such new provisions, that consent of a girl under 18 years will be immaterial though the girl was above 16. Read paragraph- 61, 62, 63 of the trial court judgment.

However, recently on 10.05.2018 the Delhi High Court has overturned the judgment & has specifically overruled the reasoning of the trial court & held that the POCSO couldn't have been imported into the offence committed prior to its enactment. See paragraph- 22, 23 of the judgment of the High Court.

Incidentally, the High Court though acquitted the accused persons but directed them to pay certain compensation to the child born due to the sexual relation. This is also interesting as this direction has been made dehors any other right of the child/mother.

CrPC hardly contemplates any compensation to be paid by an accused once he is acquitted.

Read Judgement-

Judgement of Delhi HC on POCSO Act by Latest Laws Team on Scribd

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